Page Content
A new discipline process for teachers charged with unprofessional conduct has been up and running since September 1.
That is when major amendments to the discipline section of the Teaching Profession Act came into effect. The ATA and government agreed to amend the act in the summer of 1995 after a discipline case attracted widespread public attention. The amendments were passed by the legislature in October 1995 and proclaimed this fall.
Executive secretary Dr. Julius Buski says the amendments have brought the ATA's discipline process more closely in line with that of other professions.
"The new act simplifies the definition of unprofessional conduct, puts more responsibility for and control of the process in the hands of the profession, provides for a greater measure of natural justice for individuals who want to appeal decisions and replaces what used to be a primitive dispute resolution mechanism with the more sophisticated options of 'invitation' and 'mediation.' The changes will speed up the process."
Buski says the public will benefit from the amendments as well. Not only can any citizen attend a discipline hearing or appeal a decision not to hold a hearing, but Albertans are represented on some of the hearing committees and all of the appeal committees, he says. In addition, the public can be assured that charges of unprofessional conduct will be handled quickly.
The amendments also put more of an onus on superintendents and teachers to report unprofessional conduct, Buski says. Superintendents must report teachers who have been convicted of indictable offences while teachers are required to report colleagues whom they suspect have conducted themselves in an unprofessional manner. As well, any teacher who has been convicted of an indictable offence must report the conviction.
The Interim Discipline Bylaws were approved by Provincial Executive Council in April 1996 and came into effect when the amendments were proclaimed. The bylaws have been sent to locals as electoral ballots, and if a majority of locals endorse them, they will be debated by delegates to the 1997 Annual Representative Assembly.
Two revisions to the Code of Professional Conduct have also been sent to locals as electoral ballots. The revisions add the phrase subject only to section 23 of the Teaching Profession Act at the end of Sections 13 and 14 of the code.
"These revisions are intended to clarify a long-standing practice," Buski says. "We need to make it absolutely clear that, in accordance with the legislation, when a teacher criticizes the professional conduct of a colleague, he or she is not required to inform the colleague first."
The ATA pays the expenses of its representatives on discipline committees while the government pays the expenses of public members.
On this page:
Section 22 of the Teaching Profession Act defines unprofessional conduct as conduct that is detrimental to the best interests of students, the public or the teaching profession; contravenes the Teaching Profession Act, Code of Professional Conduct or discipline bylaws; harms or tends to harm the standing of teachers generally; or leads to a conviction for an indictable offence. A member's refusal to cooperate with an investigator appointed by the executive secretary may also be deemed unprofessional conduct.
The ATA cannot discipline members for conduct related to collective bargaining, administration of a collective agreement, any matter under the jurisdiction of the Labour Relations Board or any matter that arises under the employment clauses (Sections 77 to 85 and 92[1]) of the School Act.
The new discipline process does not address competence, which falls under the authority of the Council on Alberta Teaching Standards (COATS). Information on COATS can be obtained from Fred Burghardt, Executive Secretary, Council on Alberta Teaching Standards, Devonian Building, 11160 Jasper Avenue NW, Edmonton AB, T5K 0L2, tel: 427-2045, fax: 422-4199, e-mail: fburghardt@edc.gov.ab.ca.
The amended Teaching Profession Act sets out the discipline process for members accused of unprofessional conduct, including conduct leading to a conviction for an indictable offence. The process for members convicted of indictable offences differs from the process for members charged with other kinds of unprofessional conduct. Both processes are outlined below.
Indictable offences
- The executive secretary receives a written complaint. Any superintendent who believes a member has been convicted of an indictable offence must lodge a written complaint with the executive secretary and inform the registrar. Any member who believes another member has been convicted of an indictable offence must lodge a written complaint with the executive secretary. Any member who has been convicted of an indictable offence must immediately inform the ATA of the conviction.
- A complaint about a former member must be lodged within five years of the day on which the former member ceased to be a member.
- The ATA investigates and confirms the offence. In extreme cases and where the situation warrants, the executive secretary may temporarily suspend the member's ATA membership pending the outcome of the investigation; the investigated member may ask the Court of Queen's Bench to quash the suspension.
- The executive secretary refers the case to a hearing committee.
- The executive secretary advises the member and complainant of the referral.
- The hearing is open to the public unless the complainant or hearing committee requests privacy.
- The hearing committee may not subpoena witnesses who testified at the member's criminal trial.
- The hearing committee considers penalty but not guilt (which is automatic in cases involving indictable offences). It may cancel or suspend the member's ATA membership, recommend the minister of education cancel or suspend the member's teaching certificate and/or impose additional penalties, including a fine of up to $10,000. The committee must justify a decision not to recommend cancellation or suspension of the member's teaching certificate.
- The executive secretary advises the member, complainant, Provincial Executive Council, registrar and minister of education of the hearing committee's decision.
- The member or Provincial Executive Council may appeal the decision to the Professional Conduct Appeal Committee.
- The hearing is open to the public unless the Professional Conduct Appeal Committee requests privacy.
- The Professional Conduct Appeal Committee may quash, vary or confirm the hearing committee's decision; render its own decision; or refer the case back to the hearing committee.
- The executive secretary advises the member, Provincial Executive Council, registrar and minister of education of the Professional Conduct Appeal Committee's decision.
- The member may apply for a judicial review of the decision.
Other unprofessional conduct
- The executive secretary receives a written complaint. Any member who believes another member is guilty of unprofessional conduct must lodge a written complaint with the executive secretary.
- A complaint about a former member must be lodged within five years of the day on which the former member ceased to be a member.
- The ATA investigates the complaint. In extreme cases and where the situation warrants, the executive secretary may temporarily suspend the member's ATA membership pending the outcome of the investigation; the member may ask the Court of Queen's Bench to quash the suspension.
- The executive secretary refers the case to a mediator and/or a hearing committee or determines no further action is warranted.
- The executive secretary advises the member and complainant of the decision.
- The complainant may appeal a decision for no further action to the Complainant Appeal Committee.
- The Complainant Appeal Committee may uphold the decision of the executive secretary or refer the case to a hearing committee.
- If the case is referred to a hearing committee, the hearing is open to the public unless the complainant or hearing committee requests privacy.
- The hearing committee determines the member's guilt or innocence. If the committee determines the member is guilty of unprofessional conduct, it may cancel or suspend the member's ATA membership, recommend the minister of education cancel or suspend the member's teaching certificate and/or impose additional penalties, including a fine of up to $10,000. The committee must justify any decision not to recommend cancellation or suspension of the member's teaching certificate.
- The executive secretary advises the member, complainant, Provincial Executive Council and registrar of the hearing committee's decision. The executive secretary also advises the minister of education if the committee has recommended cancellation or suspension of the member's teaching certificate.
- The member or Provincial Executive Council may appeal the decision to the Professional Conduct Appeal Committee.
- The hearing is open to the public unless the Professional Conduct Appeal Committee requests privacy.
- The Professional Conduct Appeal Committee may quash, vary or confirm the hearing committee's decision; make its own decision; or refer the case back to the hearing committee.
- The executive secretary advises the member, Provincial Executive Council and registrar of the Professional Conduct Appeal Committee's decision. The minister of education is also advised of the decision if the committee has recommended cancellation or suspension of the member's teaching certificate.
- The member may apply for a judicial review of the decision.
The new discipline process operates with four types of committees—the Professional Conduct Committee, hearing committees, the Complainant Appeal Committee and the Professional Conduct Appeal Committee. These committees have taken over the responsibilities of Provincial Executive Council, the Discipline Committee and the Teaching Profession Appeal Board in the discipline process. The Discipline Committee and the Teaching Profession Appeal Board will be disbanded as soon as all cases initiated under the old procedure have been completed.
The Professional Conduct Committee consists of 17 ATA members appointed by Provincial Executive Council and three public members appointed by cabinet in consultation with the ATA. This committee is a "pool" from which hearing committees are appointed.
Hearing committees are appointed by the executive secretary. These committees hear complaints of unprofessional conduct, determine guilt or innocence except in cases involving indictable offences and, in the event of guilt, impose penalties. Hearing committees that deal with the commission of indictable offences consist of two to four ATA members and one public member of the Professional Conduct Committee. Hearing committees that deal with other complaints of unprofessional conduct consist of three to five members of the Professional Conduct Committee, one of whom may be a public member.
The Complainant Appeal Committee consists of two ATA members appointed by Provincial Executive Council and one public member appointed by cabinet in consultation with the ATA. This committee reviews, at the request of the complainant, the decision of the executive secretary not to order a hearing. Members of the Professional Conduct Committee cannot sit on the Complainant Appeal Committee.
The Professional Conduct Appeal Committee consists of four members, a majority of whom are ATA members, appointed by Provincial Executive Council and one public member appointed by cabinet in consultation with the ATA. This committee reviews, at the request of the investigated member or Provincial Executive Council, the decision of the hearing committee. Members of the Professional Conduct Committee cannot sit on the Professional Conduct Appeal Committee.
The membership of the Professional Conduct Committee, Complainant Appeal Committee and Professional Conduct Appeal Committee appears below.
Professional Conduct Committee
- Ross A. Akins (ATA member)
- Sandy Antonini (public member)
- Stephen W. S. Brown (ATA member)
- Geoff G. Buxton (ATA member)
- Jan L. Fisher (public member)
- Eva C. Fritsch (ATA member)
- Alvin Johnston (ATA member)
- John H. Lummis (ATA member)
- Dan V. MacDonald (ATA member)
- Erwin Miklos (public member)
- Rob G. Pearn (ATA member)
- E. Molly Pilling (ATA member)
- Ronald J. Ritz (ATA member)
- Debra L. Schroeder (ATA member)
- Ed G. Somerville (ATA member)
- Ron R. St. Jean (ATA member)
- Helen A. Stewart (ATA member)
- Elaine M. Willette-Larsen (ATA member)
- Cliff R. Youngs (ATA member)
- One to be named (ATA member)
Complainant Appeal Committee
- Sharon L. Armstrong (ATA member) (chair)
- R. Glen Buchan (ATA member) (vice-chair)
- Leon Lubin (public member)
Professional Conduct Appeal Committee
- Greg T. Atkinson (ATA member) (chair)
- Marlene R. Hlewka (ATA member) (vice-chair)
- E. (Ted) Butcher (ATA member)
- Ralph Himsl (public member)
- Lynn B. Joberg (ATA member)
The Alberta Teachers' Association
| Professional Conduct Committee |
| 72 | (1) The Association members of the Professional Conduct Committee shall be appointed by resolution of the Provincial Executive Council. |
| | (2) All members of the Professional Conduct Committee shall be appointed for a term of three years from the effective date of appointment and may be renewed by Provincial Executive Council for further terms not to exceed a total of nine years. |
| | (3) If a member is unwilling or unable to complete a term on the Professional Conduct Committee, Provincial Executive Council may appoint a member to complete the unexpired term of the vacating member. |
| | (4) Provincial Executive Council may appoint a chair and vice-chair of the Professional Conduct Committee for such period and upon such terms as it considers advisable. |
| | (5) The executive secretary may appoint a chair for any hearing committee which is established pursuant to the Teaching Profession Act |
| Complainant Appeal Committee |
| 73 | (1) The Association members of the Complainant Appeal Committee shall be appointed by resolution of the Provincial Executive Council. |
| | (2) All members of the Complainant Appeal Committee shall be appointed for a two year term from the effective date of appointment and may be renewed by Provincial Executive Council for further terms not to exceed a total of six years. |
| | (3) If a member is unwilling or unable to complete a term on the Complainant Appeal Committee, Provincial Executive Council may appoint a member to complete the unexpired term of the vacating member. |
| | (4) Provincial Executive Council shall appoint a chair and vice-chair of the Complainant Appeal Committee for a one year term, subject to renewal for further terms not to exceed a total of three years. |
| Professional Conduct Appeal Committee |
| 74 | (1) The Association members of the Professional Conduct Appeal Committee shall be appointed by resolution of the Provincial Executive Council. |
| | (2) All members of the Professional Conduct Appeal Committee shall be appointed for a two year term from the effective date of appointment and may be renewed by Provincial Executive Council for further terms not to exceed a total of six years. |
| | (3) If a member is unwilling or unable to complete a term on the Professional Conduct Appeal Committee, Provincial Executive Council may appoint a member to complete the unexpired term of the vacating member. |
| | (4) Provincial Executive Council shall appoint a chair and vice-chair of the Professional Conduct Appeal Committee for a one year term, subject to renewal for further terms not to exceed a total of three years. |
| Committee Meetings and Resolutions |
| 75 | (1) Any meeting of the Professional Conduct Committee, may be convened by the executive secretary or by the chair to be held in person, by means of telephone or other communication facilities that permit all persons participating at the meeting to hear each other. |
| | (2) Any meeting of the Complainant Appeal Committee or the Professional Conduct Appeal Committee may be convened by the chair to be held in person, by means of telephone or other communication facilities that permit all persons participating at the meeting to hear each other. |
| | (3) If the chair of a committee or a panel of a committee is of the opinion that it is desirable to take a vote on a resolution and that it is impracticable in the circumstances to hold a meeting of the committee or the panel for that purpose, the chair may direct that the vote be taken by polling of the committee or panel members by mail, telephone, telecopier or other mode of communication or by any combination of those modes. |
| | (4) Unless otherwise specified the votes or decisions of any committee or panel shall be by majority of those participating in the vote or decision. |
| Quorum |
| 76 | (1) A majority of the committee members who shall be in attendance at any meeting of the Professional Conduct Committee, the Complainant Appeal Committee and the Professional Conduct Appeal Committee constitutes a quorum for such meeting. |
| | (2) Quorum for a hearing committee shall be all of the members convened to hear and determine the matter. |
| Service of Documents on Association |
| 77 | Where service of a document on the Association is required or permitted under the Teaching Profession Amendment Act, then service may be effected by delivery to the head office of the Association (or upon acceptance of service by counsel for the Association). |
| Committee Expenses |
| 78 | The fees and expenses payable to members of the Professional Conduct Committee, the Complainant Appeal Committee and the Professional Conduct Appeal Committee (who are also members of the Association) for attending to the business of the Association shall be contained in a schedule as approved from time to time by Provincial Executive Council. |
| Committee Orders |
| 79 | (1) An order made by a hearing committee pursuant to section 41(1)(a) or (b) of the Teaching Profession Amendment Act, shall be published in The ATA News or other publication of the Association subject to the requirements in section 43(2) of the Teaching Profession Amendment Act. |
| | (2) In the case of an order published under (1), the Executive Secretary shall also notify the affected school board for the purposes of section 5(3) of the Teaching Profession Amendment Act. |
| | (3) In the case of any other orders of a committee pursuant to the Teaching Profession Amendment Act, the Association may publish such summary or portions of any orders as the Provincial Executive Council considers to be in the interest of the teaching profession and the public. |
| Costs of Proceedings |
| 80 | The costs of an investigation, hearing or appeal shall be set in the discretion of the committee. Upon request, a statement shall be provided to the committee with respect to:
(a) expenses incurred during the course of investigation;
(b) expenses incurred in serving any documents;
(c) fees and expenses paid or payable to any member of a committee;
(d) fees and expenses paid or payable to any legal counsel retained by the Association or the committee;
(e) expenses incurred, if any, to record all or any part of the proceedings or other related expenses;
(f) reasonable costs for the indemnification of the Association's employees involved in the investigation, hearing or appeal. |
| Suspension for Non-Payment of Fee |
| 81 | The Association may suspend the membership of any member in the Association where the member fails to remit or cause to be paid on the member's behalf any monies owing to the Association including fees, dues, fines, costs or other levies within the time prescribed for such payments. |
| Reinstatement of Membership |
| 20 | (1) A person whose membership in the Association has been suspended pursuant to section 42(2) of the Teaching Profession Amendment Act, or otherwise on account of non-payment of fees, dues or other levies, may apply to the Provincial Executive Council for reinstatement forthwith upon payment of all amounts owing. |
| | (2) A person whose membership in the Association has been suspended or cancelled pursuant to sections 41 or 53 of the Teaching Profession Amendment Act, may apply to the Provincial Executive Council for reinstatement as a member of the Association. |
| | (3) An application under this bylaw shall be filed with the executive secretary and be accompanied by payment of a prescribed application fee and a deposit as security for costs of proceedings relating to the application. |
| | (4)An application under this bylaw shall be accompanied by a statutory declaration of the applicant containing particulars respecting the following matters and exhibiting documents relevant to those matters:
(a) the character and conduct of the applicant and particulars of the applicant's employment and related activities since the suspension or cancellation of membership;
(b) written reports of medical practitioners, psychologists, councillors or other health service practitioners who have treated the applicant and whose evidence may be relevant to the character and conduct of the applicant;
(c) a full record of any offences committed by the applicant which may be relevant to the issue of reinstatement;
(d) if the applicant was convicted of a criminal offence and has been granted parole since the cancellation of membership, the applicant's parole record including the names of parole supervisors;
(e) the amounts that are to the knowledge of the applicant owing to the Association and the reason for non-payment;
(f) the status of the applicant's certification;
(g) any other matter which to the knowledge of the applicant may be the subject matter of objections to the applicant's reinstatement or otherwise relevant to the application. |
| | (5) An applicant for reinstatement shall pay to the Association the amount of all costs incurred by the Association and attributable to an investigation and proceedings in relation to an application for reinstatement, unless otherwise ordered by Provincial Executive Council. |
| | (6) On receiving an application for reinstatement and upon such investigation as the executive secretary considers proper, the executive secretary shall report the matter to table officers who shall:
(a) appoint a Committee of Inquiry of at least three members of Provincial Executive Council, one of whom shall be named as chair, to conduct a hearing in respect of the application; and
(b) fix a date and place for the hearing. |
| | (7) The procedure for the conduct of a hearing by a Committee of Inquiry shall be according to guidelines established by Provincial Executive Council from time to time. |
| | (8) Following its hearing, the Committee of Inquiry shall submit a written report to the executive secretary stating whether in its opinion the application should be rejected or granted with or without conditions. |
| | (9) The executive secretary shall furnish copies of the Report of the Committee of Inquiry to the applicant and to each member of Provincial Executive Council with such other documents as the executive secretary considers may be relevant to the application. |
| | (10) The Provincial Executive Council, on concluding their consideration of the application may reject or approve the application with or without conditions. |
| | (11) In the course of monitoring compliance by the applicant with any conditions, the executive secretary may at any time, upon notice to the applicant, seek further advice and direction from Provincial Executive Council. |
| Dispute Resolution of Complaints |
| 83 | (1) If the executive secretary determines that a matter does not warrant a hearing, the executive secretary may, with the consent of the complainant, refer the matter under investigation to a single member of Provincial Executive Council or such other member of the Association as may be appropriate to conduct an Invitation to which the following provisions apply:
(a) The member appointed to conduct the Invitation may draw upon the assistance of any other member of Provincial Executive Council or a member of the Professional Conduct Committee in conducting the Invitation.
(b) The Invitation shall be conducted informally and in private in order to review the fact situation, identify concerns of the profession and of the public and to provide appropriate advice to the member under investigation.
(c) The member conducting the Invitation shall provide a report to the executive secretary which shall include an opinion on whether the member displayed a negative or positive attitude and whether the matter should be concluded or whether a hearing committee ought to be convened.
(d) The executive secretary shall provide a copy of the report to the member under investigation and the complainant for comment before making a final decision pursuant to section 26 of the Teaching Profession Amendment Act. |
| | (2) An Invitation, or mediation by which a matter is resolved informally, and all statements disclosed during such processes, are confidential and privileged and may not be disclosed to any person other than the executive secretary or used in any other proceedings without the consent of the parties. |
| | (3) The fees and expenses of a mediator or a member conducting an Invitation are paid by the Association. |
| 84 | (1) If the executive secretary refers the matter to a mediator in accordance with section 26(2)(a) of the Teaching Profession Amendment Act, the following provisions apply:
(a) The executive secretary appoints a person to mediate the dispute between the complainant and the member (the "parties").
(b) The executive secretary notifies the parties of the appointment of the mediator and directs them to cooperate with the mediator with a view to resolving the complaint.
(c) The mediator within 10 days of his or her appointment notifies the parties of the date, time and location for the mediation meeting.
(d) The mediation meeting is held in private and is attended by the parties and, if they so desire, their respective spokesperson or advisor.
(e) Each party produces to the other and to the mediator all relevant documents, preferably in advance.
(f) The rules governing the conduct of the mediation are established by the mediator at the beginning of the meeting or by advance notice.
(g) If the complaint is successfully resolved, the mediator draws up a brief memorandum containing the terms of the settlement, signed by each of the parties and by the mediator and forwards it to the executive secretary.
(h) Subject to section 26(2)(b) of the Teaching Profession Amendment Act, upon receipt of the memorandum, the executive secretary shall provide a signed copy to each of the parties who are bound to comply with the terms of settlement; the matter is thereupon concluded.
(i) If the complaint is not successfully resolved by mediation, the mediator so reports to the executive secretary, who proceeds to the next statutory step in the disciplinary process against the member. |
| | (2) A mediation by which a matter is resolved informally and all statements disclosed during that process are without prejudice and confidential and may not be disclosed to any person other than the executive secretary or used in any other proceedings without the consent of the parties. |
| | (3) The fees and expenses of a mediator are to be paid by the Association. |
The Code of Professional Conduct stipulates minimum standards of professional conduct of teachers but is not an exhaustive list of such standards. Unless exempted by legislation, any member of The Alberta Teachers' Association who is alleged to have violated the standards of the profession, including the provisions of the Code, may be subject to a charge of unprofessional conduct under the Discipline Bylaws of the Association.
In relation to pupils
| 1 | The teacher teaches in a manner that respects the dignity and rights of all persons without prejudice as to race, religious beliefs, color, sex, physical characteristics, age, ancestry, or place of origin. |
| 2 | (1) The teacher is responsible for diagnosing educational needs, prescribing and implementing instructional programs and evaluating progress of pupils. |
| | (2) The teacher may not delegate these responsibilities to any person who is not a teacher. |
| 3 | The teacher may delegate specific and limited aspects of instructional activity to noncertificated personnel, provided that the teacher supervises and directs such activity. |
| 4 | The teacher treats pupils with dignity and respect and is considerate of their circumstances. |
| 5 | The teacher may not divulge information about a pupil received in confidence or in the course of professional duties except as required by law or where, in the judgment of the teacher, to do so is in the best interest of the pupil. |
| 6 | The teacher may not accept pay for tutoring a pupil in any subjects in which the teacher is responsible for giving classroom instruction to that pupil. |
| 7 | The teacher may not take advantage of a professional position to profit from the sale of goods or services to or for pupils in the teacher's charge. |
In relation to school authorities
| 8 | The teachers protests the assignment of duties for which the teacher is not qualified or conditions which make it difficult to render professional service. |
| 9 | The teacher fulfills contractual obligations to the employer until released by mutual consent or according to law. |
| 10 | The teacher provides as much notice as possible of a decision to terminate employment. |
| 11 | The teacher adheres to agreements negotiated on the teacher's behalf by the Association. |
In relation to colleagues
| 12 | The teacher does no undermine the confidence of pupils in other teachers. |
| 13 | The teacher criticizes the professional competence or professional reputation of another teacher only in confidence to proper officials and after the other teacher has been informed of the criticism. |
| 14 | The teacher, when making a report on the professional performance of another teacher, does so in good faith and, prior to submitting the report, provides the teacher with a copy of the report. |
| 15 | The teacher does not take, because of animosity or for personal advantage, any steps to secure the dismissal of another teacher. |
| 16 | The teacher recognizes the duty to protest through proper channels administrative policies and practices which the teacher cannot in conscience accept; and further recognizes that if administration by consent fails, the administrator must adopt a position of authority. |
| 17 | The teacher as an administrator provides opportunities for staff members to express their opinions and to bring forth suggestions regarding the administration of the school. |
In relation to the profession
| 18 | The teacher acts in a manner which maintains the honor and dignity of the professional. |
| 19 | The teacher does not engage in activities which adversely affect the quality of the teacher's professional service. |
| 20 | The teacher submits to the Association disputes arising from professional relationships with other teachers which cannot be resolved by personal discussion. |
| 21 | The teacher makes representations on behalf of the Association or members thereof only when authorized to do so. |
| 22 | The teacher accepts that service to the Association is a professional responsibility. |
Enacted as the "Code of Ethics" by Order in Council 238/86, 1986 03 26
Please note:
- Items 13 and 14 of the Code of Professional Conduct do not pertain to reporting to the Association on the possible unprofessional conduct of another member.
- Effective with the proclamation of Bill 48, the Teaching Profession Amendment Act, 1995, section 23(3) of the Act requires members to report forthwith to the executive secretary on the unprofessional conduct of another member.
Section 26 of the Teaching Profession Act and Sections 83 and 84 of the Interim Discipline Bylaws allow the executive secretary to resolve complaints of unprofessional conduct through invitation or mediation. These dispute resolution mechanisms cannot be used for complaints involving the commission of an indictable offence.
Invitation
If the executive secretary determines that a complaint does not warrant a hearing, he may, with the consent of the complainant, appoint a member of the ATA to conduct an invitation or private, informal meeting with the investigated member. The purpose of the invitation is to review the facts, identify the concerns of the profession and the public and provide advice. A complaint resolved through invitation is not referred to a hearing committee.
Mediation
The executive secretary may appoint a person to mediate a dispute between the complainant and the investigated member. The meeting is held in private and, if the dispute is resolved, the parties agree to terms of settlement. A complaint resolved through mediation is not referred to a hearing committee.
